SK 365 
.A5 



i* 11 e and Fish Laws 

Copy 1 

3f Alabama 



In Force August 31st 



1911 



JOHN H. WALLACE, Jr. 

State Game and Fish Commissioner 

Montgomery, Ala. 

•ROWN PTQ. OO. MONTGOMERY. ALA 7323 



1911 



Game and Fish Laws of the 
State of Alabama 



IN FORCE AUGUST 31, 1911 




Issued by the Department of Game and Fish 

JOHN H. WALLACE, Jr. 

State Game and Fish Commissioner 

SHOWN PTQ. CO MONTGOMERY, ALA. 



A 



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HE Department of Game and 
Fish invokes the vigilance, 
and assistance of all good 
citizens in securing the enforce- 
ment of the Game and Fish Laws. 



* 



u 



tf£*£ 



EPORTS of violations will be 
appreciated, and in no in- 
stance will the name of the 

informant be disclosed without 

permission. 



rt 



■ 



1 



CHAPTER 20 

POLITICAL CODE 1607 F. 422, 



Section. 

656. Department of game and fish estab- 
lished AND COMMISSIONER FROVIDED FOR 

657. Salary and expenses of state commis- 
sioner. 

658. Office of state commissioner. 

659. Bond and oath of state commissioner. 

660. Seal of office. 

661. Itemized statement of receipts and dis- 
bursements FILED BY COMMISSIONER 
MONTHLY. 

662. Accounts ; approval and payment of. 

663. Accounts audited. 

664. Biennial report of commissioner to 
governor. 

665. Commissioner; duty to "enforce game 
and fish laws. 

666. Blanks and other printed matter. 

667. Publication of game laws. 

668. Commissioner and his deputies may 
serve process. 

669. Commissioner may . appoint county 
game and fish wardens. 

670. Duties and powers of county wardens. 

671. County wardens and deputies subject 
TO supervision and removal by state 
commissioner. 

672. Bond of county wardens; conditions of. 

673. ex officio deputy game wardens. 

674. Compensation of wardens under spe- 
cial INSTRUCTIONS. 

675. Forest fires provided against. 

676. Compensation of county wardens. 



4 
Section. 
677. Certificate to collect birds, nests, 

EGGS, ETC. 

078. License ; contents of. 

680. County license, how obtained. 

081. State license ; how obtained. 

082. Non-resident or alien hunter's li- 
cense ; HOW PROCURED. 

083. Money received from licenses; how 
disposed of. 

085. Owners, landlords, and tenants may 
hunt on their own lands without li- 
CENSE. 

080. Licenses printed on distinctive colors. 

087. Licenses delivered to and returned by 
probate judges. 

088. Game and fish protection fund created 
and disposed of. 

656, DEPARTMENT OF GAME AND FISH 
ESTABLISHED AND COMMISSIONER PRO- 
VIDED FOR.— The Department of Game and 
Fish of the State of Alabama is established and 
shall be known and termed as such. The pres- 
ent State Game and Fish Commissioner shall 
hold office until his successor is elected and 
qualified. His successor shall be elected by the 
qualified electors of the State at the general 
election in 1908, and every four years there- 
after, and his term of office shall begin on first 
Monday after second Tuesday in January next 
after his election. 

657. SALARY AND EXPENSES OF STATE 
COMMISSIONER.— The State Game and Fish 
Commissioner shall receive a salary of twenty- 
tive hundred dollars per annum, payable month- 
ly out of the game and fish protection fund in 
the same manner as other State officers are 
paid, but the said State Game and Fish Com- 
missioner shall not be allowed any reimburse- 
ments for his expenses in travelling over the 
State in the discharge of the duties of his of- 
fice. 



658. OFFICE OF STATE COMMISSION- 
ER. — The State Game and Fish Commissioner 
shall be provided with a suitable office in the 
State capitol and, upon the approval of the 
governor, may employ a clerk when necessary. 

659. BOND AND OATH OF STATE COM- 
MISSIONER. — Before entering upon the dis- 
charge of his official duties the State Game and 
Fish Commissioner shall give bond in the sum 
of five thousand dollars to the State of Ala- 
bama, with two or more sureties, to be approved 
by the Secretary of State, conditioned that he 
will well and truly account for and apply all 
moneys which may come into his hands in his 
official capacity, and that he will faithfully 
perform the duties enjoined on him by law, 
and he shall also take and subscribe the oath 
or affirmation required by the constitution of 
the State, and be commissioned by the secre- 
tary of State. 

600. SEAL OF OFFICE.— The State Game 
and Fish CommissioDer shall keep a seal of 
office, which shall be used to authenticate all 
papers and documents issued and executed by 
him as such officer. 

661. ITEMIZED STATEMENT OF RE- 
CEIPTS AND DISBURSEMENTS FILED BY 
COMMISSIONER MONTHLY.— At the end of 
each calendar month said Game and Fish Com- 
missioner shall file with the governor an item- 
ized statement under oath of all sums of money 
received or expended by him in the discharge 
of his official duty, including clerical services, 
salaries, and expenses while traveling under 
special order as hereinafter provided, postage, 
stationery, and other necessary incidental ex- 
penses ; such clerk shall receive two dollars per 
day while engaged in such service. 

662. ACCOUNTS; APPROVAL AND PAY- 
MENT OF. — Upon the approval of such ac- 
counts by the governor, the auditor shall draw 



6 



his warrant for such amount, which shall be 
paid monthly out of the game and fish protec- 
tion fund. 

663. ACCOUNTS AUDITED.— The office and 
accounts of the State Game and Fish Commis- 
sioner shall be audited by the direction of 
the governor in the same manner as the office 
and accounts of other State officers are audited. 

664. BIENNIAL REPORT OF COMMIS- 
SIONER TO GOVERNOR.— In the month of Oc- 
tober, in the year 1908, and every two years 
thereafter, the State Game and Fish Commis- 
sioner shall make a report to the governor 
showing the official business transacted by him. 
Such report shall show the number of hunters' 
licenses issued, together with all fees collected. 
It shall show what moneys have been received 
by the game and fish department from fees and 
other sources. It shall show the number of 
wardens employed under special instructions, 
and shall give all necessary information con- 
cerning the affairs of the department of game 
and fish. Such report to be published in pamph- 
let form. 

665. COMMISSIONER; DUTY TO EN- 
FORCE GAME AND FISH LAWS.— The State 
Game and Fish Commissioner shall enforce all 
laws now enacted or that may be enacted for 
the protection, propagation, and preservation of 
game animals, birds and fish in this State, and 
shall prosecute all persons who violate such 
law ; and he shall at any and all times seize 
any and all birds, animals, and fish that have 
been caught or killed at a time, in a manner, 
or for a purpose, or in possession, or which 
have been shipped, contrary to the game laws 
of this State. 

666. BLANKS AND OTHER PRINTED 
MATTER PROVIDED.— The blanks and other 
printed matter necessary to carry out the pro- 
visions of the game laws, upon the approval of 



the governor, shall be printed under the direc- 
tion of the State Game and Fish Commissioner, 
and shall be paid for in like manner and upon 
the same terms as other public printing. This 
expense shall be chargeable to the first money 
covered into the game and fish protection fund. 

667. PUBLICATION OF GAME LAWS.— 
The State Game and Fish Commissioner, by 
and with the consent of the governor, shall pub- 
lish in pamphlet form for general distribution 
the laws relating to game, birds, and fish. 

668. COMMISSIONER AND HIS DEPU- 
TIES MAY SERVE PROCESS.— The State 
Game and Fish Commissioner and his deputies 
may serve criminal process as sheriffs and con- 
stables. 

669. COMMISSIONER MAY APPOINT 
COUNTY GAME AND FISH WARDENS — 
The State Game and -Fish Commissioner shall 
appoint, by and with the consent and approval 
of the governor, game and fish wardens in each 
county in this State, and such persons so ap- 
pointed shall be known as county game and fish 
wardens, and shall hold office for the term of 
the State Game and Fish Commissioner appoint- 
ing them, and till their successors are duly ap- 
pointed. 

670. DUTIES AND POWERS OF COUNTY 
WARDENS. — The county wardens shall assist 
the State Game and Fish Commissioner in the 
discharge of his official duties, and said war- 
den shall have like power and authority as is 
provided in this chapter for the State Game and 
Fish Commissioner relative to the enforcement 
of this law. 

671. COUNTY WARDENS AND DEPUTIES 
SUBJECT TO SUPERVISION AND REMOVAL 
BY STATE COMMISSIONER.— Said deputies 
and wardens shall be subject to the supervision 
and direction of the State Game and Fish Com- 
missioner, and subject to removal for cause by 
him. 



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!0N- 



(172. BOND OF COUNTY WARDENS ; CON- 
DITIONS OF. — Before entering upon the dis- 
charge of their official duties each county game 
and fish warden shall give bond in the sum of 
five hundred dollars, payable to the State of 
Alabama, with two or more sureties, to be ap- 
proved by the secretary of State, conditioned 
that he will well and truly account for and le- 
gally apply all money which may come into his 
hands in his official capacity, and that he will 
faithfully perform all the duties enjoined upon 
him by law. 

673. EX OFFICIO DEPUTY GAME WAR- 
DENS. — All sheriffs, deputy sheriffs, marshals, 
constables, and policemen, or other peace of- 
ficers of this State, are ex officio deputy game 
and fish wardens. 

674. COMPENSATION OF WARDENS UN- 
DER SPECIAL INSTRUCTIONS.— Game and 
fish wardens acting under special Instructions 
shall receive three dollars per day for their 
services. 

675. FOREST FIRES PROVIDED AGAINST. 
— The game and fish wardens shall, while in 
and about the woods, caution all sportsmen of 
the clanger from fires and extinguish all fires 
left burning by any one if within their power, 
and shall give notice to any and all persons 
interested, when possible, of fires raging beyond 
their control, to the end that the same may be 
extinguished. 

676. COMPENSATION OF COUNTY WAR- 
DENS. — Each county game and fish warden 
shall receive one-half of all fines, forfeitures, 
and penalties collected in the county in which 
he holds office for violations of the game and 
fish laws. And such moneys shall be so paid by 
the courts collecting the same, and the re- 
mainder shall be forwarded to the State treas- 
urer and covered into the game and fish pro- 
tection fund. 



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667. CERTIFICATE TO COLLECT BIRDS, 

NESTS, EGGS, ETC.— Certificates .may be 
granted by the State Game and Fish Commis- 
sioner, upon the payment of one dollar to defray 
the necessary expenses attending the granting 
of such certificates, to any properly accredited 
person, permitting the holder thereof to collect 
birds, their nests or eggs, for strictly scientific 
purposes only. In order to obtain such certifi- 
cates the applicant for the same must present 
to the State Game and Fish Commissioner writ- 
ten testimonials from two well known ornithol- 
ogists, one of whom shall be a resident of this 
State, certifying to the good character and fit- 
ness of said applicant to be entrusted with such 
privileges. Such certificate shall expire on the 
81st day of December of the year in which it 
is issued. 

678. PERMITS TO CAPTURE GAME; 
WHEN ISSUED.— The State Game and Fish 
Commissioner, upon the payment of one dollar, 
may issue permits to any person to take, cap- 
ture, or transport not more than ten pairs of 
any one species of game, birds, or fish within or 
without this State, when satisfied that such per- 
son applying for said permit desires the same 
exclusively for scientific or propagating pur- 
poses. 

679. LICENSE; CONTENTS OF.— All li- 
censes shall be dated when issued, and shall au- 
thorize the person named therein to hunt dur- 
ing the calendar year, and then only within the 
regulations and restrictions provided by law, 
All hunting licenses shall be numbered consecu- 
tively at the time they are printed, and resi- 
dent and non-resident blanks shall be furnished 
by the State Game and Fish Commissioner to 
the probate judges of the various counties. 

680. COUNTY LICENSE: HOW OBTAIN- 
ED. — Any person who has been a bona fide resi- 
dent of this State for one year then past may 



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procure a county hunter's license for himself 
or herself by filing his or her affidavit with the 
probate judge in the county in which he or she 
resides, stating his or her age, place of resi- 
dence, postoffice address, color, color of his or 
her hair and eyes, and the fact whether he or 
she can write his or her name, and by paying 
the said judge of probate the sum of one dol- 
lar. 

681. STATE LICENSE; HOW OBTAINED. 
— Any person who has been a bona fide resident 
of the State one year then past may procure 
a State hunter's license for himself or herself 
by filing with the probate judge of the county 
to whom he applies for license the affidavit 
provided by the preceding sections, and by pay- 
ing to the said probate judge the sum of three 
dollars, which shall entitle him or her to a 
State hunter's license and shall authorize him 
or her to hunt in any county in this State. 

682. NON-RESIDENT OR ALIEN HUNT- 
ER'S LICENSE; HOW OBTAINED.— Any 

non-resident or alien of this State may procure 
a license for hunting by filing his or her affi- 
davit with the probate judge of any county in 
this State, stating his or her age, place of resi- 
dence, postoffice address, color, color of his or 
her eyes and hair, and the fact whether he or 
she can or cannot write his or her name, and 
by paying the said probate judge the sum of 
fifteen dollars. 

683. PROBATE JUDGES ISSUE HUNTING 
LICENSES. — The probate judge shall issue all 
hunting licenses, resident and non-resident, un- 
der the seal of his office to all persons comply- 
ing with the provisions of this chapter, and 
shall sign the same and shall require, the person 
to whom the license is issued to sign h's or her 
name on the margin thereof. He shal keep a 
correct and complete record of all licenses is- 
sued in a book to be furnished by the State 



11 



Game and Fish Commissioner, which record 
shall remain in his office and be open to the in- 
spection of the public at all reasonable times. 

684. MONEY RECEIVED FROM LICEN- 
SES; HOW DISPOSED OF.— Probate judges 
shall retain of the money received of each li- 
cense issued the sum of fifteen cents, which 
shall cover the swearing of the applicant to the 
affidavit referred to in this chapter and all 
other services under this chapter, and shall pay 
the balance to the State treasurer on the first 
day of each month, which amount shall be cov- 
ered into the game and fish protection fund, and 
said probate judges shall report to the State 
Game and Fish Commissioner on the first day 
of each month the number of licenses issued 
and the amount of money remitted to the State 
treasurer. 

685. OWNERS, LANDLORDS, AND TEN- 
ANTS MAY HUNT ON THEIR OWN LANDS 
WITHOUT LICENSE.— All owners and land- 
lords and members of their families may hunt 
upon their own lands without license ; and ten- 
ants and members of their families may hunt 
upon their leaseholds without license. 

686. LICENSES PRINTED ON DISTINCT- 
IVE COLORS. — The license for residents and 
non-residents shall be printed on distinctive 
colors. 

687. LICENSES DELIVERED TO AND RE- 
TURNED BY PROBATE JUDGES.— The State 
Game and Fish Commissioner shall deliver to 
each judge of probate in this State ten days be- 
fore the 1st day of January in each year as 
many licenses as may be required, and shall 
charge said probate judge with the number is- 
sued to him. On the 15th day of December in 
each year, and within ten days thereafter, each 
probate judge shall return to the State Game 
and Fish Commissioner all unused licenses and 
stubs of the licenses issued. 



12 



688. GAME AND FISH PROTECTION 
FT XI) CHEATED AND DISPOSED OF.— All 
moneys sent to the State treasurer in payment 
of bunting licenses, fines, penalties, and forfei- 
tures arising from the game laws of this State 
shall be set aside by the State treasurer and 
shall constitute a fund known as the "game 
and fish protection fund," for the payment of 
the salary of the State Game and Fish Commis- 
sioner and bis necessary incidental expenses, 
also the payment of the expenses of the game 
and fish warden when acting under special in- 
structions. The expenses incurred for any pur- 
pose or in consequence of this chapter shall be 
limited to the amount of money in the game and 
fish protection fund, and in no event shall the 
State pay any such salaries or expenses or be 
liable in any manner therefor except to the 
extent of such game and fish protection fund, 
and the State Game and Fish Commissioner 
shall not issue any voucher nor shall the State 
auditor approve any voucher if issued by the 
said State Game and Fish Commissioner for 
any services or expenses of any kind, unless the 
money to pay such voucher shall at the time 
be on hand in the State treasury to the credit 
of the game and fish protection fund. 



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CHAPTER 224 

CRIMINAL CODE 1907 P. 564, 



Section. 

0954. Ownership and title to wild birds and 
game vested in state. 

6955. Birds, plumage, skin, eggs, and nests 
protected. 

6956. Game birds denominated and enume- 
rated. 

6957. Birds not protected. 

6958. Open and closed season. 

6959. Pheasants protected. 

6960. Trap, snare, deadfall, baiting, etc., pro- 
hibited. 

6961. Night hunting prohibited. 

6962. Hunting wild hogs. 

6963. Deer protected, open and closed sea- 
sons AS TO. 

6964. Squirrels, open and closed season as to. 
(•965. Number of birds or animals authorized 

to be killed in one day. 

6966. Selling game prohibited. 

6967. Hunting without license prohibited. 

6968. False statement as to procuring li- 
cense. 

6969. Shipping or transporting game. 

6970. Common carrier shipping game. 
H971. Hunting on lands of another. 

6972. Corporation, service of warrant of ar- 
rest upon. 

6973. Officer failing to perform duty. 
0974. Report of prosecutions. 

6975. Pleading and practice, rules of under 
this chapter. 

6976. Costs of prosecution, how taxed. 

6977. Fines, penalties, and forfeitures, dis- 
position of. 



14 



6978. Fines to be paid in currency. 
G979. Judges special charges as to game 
laws. 

0980. Terms defined. 

0981. Extent and construction of game laws. 

0982. Local or special laws repealed. 

6954. OWNERSHIP AND TITLE TO WILD 
BIRDS AND GAME VESTED IN STATE.— 
The title and ownership to all wild birds and 
game in the State of Alabama are vested in the 
State for the purpose of regulating the use and 
disposition of the same in accordance with the 
laws of this State. 

Note.— See chapter 20, Political Code, which 
is a part of this law. 

0955. BIRDS, PLUMAGE, SKIN, EGGS, 
AND NESTS PROTECTED; PENALTY FOR 
CATCHING, KILLING, OR TAKING.— Any 
person who shall catch or kill, or have in his 
possesion, living or dead, or who shall purchase, 
offer, or expose for sale, transport, or ship with- 
out the State any such wild bird after it has 
been killed or caught ; or who shall sell or have 
in his possession for sale any part of the plum- 
age, skin, or body of any bird protected by 
the game laws; or who shall take or willfully 
destroy the nests of any wild bird, or who shall 
have such nests or eggs in his or her possession, 
except as permitted by the game laws of this 
State, shall be guilty of a misdemeanor, and, 
upon conviction, shall be punished by a fine of 
not less than ten nor more than twenty-five dol- 
lars for each offense. 

0950. GAME BIRDS DENOMINATED AND 
ENUMERATED. — The following only shall be 
considered game birds : The Anatidae, common- 
ly known as swans, geese, brant and river and 
sea ducks; Rallidae, commonly known as rails, 
coots, mud hens, and gallinules ; the Limicolae, 
commonly known as shore birds, plovers, surf 






15 



birds, snipe, woodcock, sandpipers, tattlers, and 
curlews ; the Gallinae, commonly known as wild 
turkeys, grouse, pheasants, and quails ; and the 
species of Columbae commonly known as turtle 
or mourning doves. 

6957. BIRDS NOT PROTECTED.— English 
and European house sparrow, coopers hawk, 
chicken hawk, and all members of the hawk 
family, owls, and crows are not protected by 
the game laws of this State. 

6958. OPEN AND CLOSED SEASONS AS 
TO GAME BIRDS.— No person or persons shall 
injure, kill or hunt, or destroy, by any means 
whatever, or have, or be in possession of, except 
as expressly permitted by the provisions of this 
Code, the following named game birds, except 
between the following dates: Wild turkey gob- 
blers, December 1st to April 1st, following; 
quail (bob-white partridges) from November 
1st to March 1st, following; dove from August 
1st to March 1st, following; swans, geese, 
brant, ducks, rails, coots, mud hens, sand- 
pipers, woodcocks, and curlews, or other shore 
birds, September 1st to March 15th, following; 
snipe and plover, November 1st to May 1st, 
following. Any person who violates any of the 
provisions of this section shall be deemed guilty 
of a misdemeanor, and, upon conviction thereof, 
shall be punished by a fine of not less than ten 
dollars nor more than twenty-five dollars for 
each offense. 

6959. PHEASANTS PROTECTED.— Any per- 
son who takes, captures, or kills, except under 
permit, any ruffled grouse (pheasant), Mongo- 
lian, Chinese, or English pheasant, or other im- 
ported game birds, before December 1st, 1912, 
and thereafter only from November 15th to 
December 15th, following shall be guilty of a 
misdemeanor, and, on conviction, shall be pun- 
ished by a fine of not less than five dollars nor 
more than twenty-five dollars for each offense. 



16 



6960. TRAP, SNARE, DEAD-FALL, BAIT- 
ING. ETC., PROHIBITED.— Any person who 
shall .-it any time make use of any pitfall, dead 
fall, sea If old, cage, snare, trap, net, salt-lick, 
blind, pen, baited hook, or baited field, or any 
other similar device, or any drug, poison, chem- 
icals, or explosives for the purpose of injuring, 
capturing, or killing birds or animals protected 
by the game laws of this State, exception as oth- 
erwise expressly provided, shall be guilty of a 
misdemeanor, and, on conviction, shall be pun- 
ished by a fine of not less than five nor more 
than twenty-five dollars for each offense. 

6961. NIGHT HUNTING PROHIBITED.— 

Any person who shall pursue, catch, take, or 
kill any birds, deer, wild turkey, wild ducks, 
wild goose, brant, or other aquatic bird or fowl, 
between dark and daylight the following day, 
shall be guilty of a misdemeanor, and, on con- 
viction, shall be punished by a fine of not less 
than five nor more than twenty-five dollars for 
each offense. 

6962. HUNTING WILD HOGS.— Any person 
who, without first giving notice to at least 
three freeholders in the neighborhood, hunts, 
catches, or kills wild hogs unmarked, with dog 
or gun, must, on conviction, be fined not less 
than ten nor more than one hundred dollars. 

6963. DEER PROTECTED, OPEN AND 
CLOSED SEASON AS TO.— Any person who 
shall kill or attempt to kill any doe or female 
deer or wild turkey hen in this State ; or who 
shall kill any deer between January 1st and 
the 1st of November, in each calendar year, or 
who shall use any artificial light in hunting or 
killing deer, shall be guilty of a misdemeanor, 
and, on conviction, shall be punished by a fine 
of not less than ten nor more than fifty dollars ; 
and the having of such light on the head or any 
part of his body while hunting shall be prima 
facie evidence of the violation of the last sub- 
division. 



17 



Section J. Be it enacted by the Legislature 
of Alabama, That section six thousand nine 
hundred and sixty-four (6964) of the criminal 
code of 1007 be, and the same is hereby amend- 
ed so as to read as follows: 

6964. SQUIRRELS, OPEN AND CLOSE]) 
SEASON AS TO.— Any person who shall pur- 
sue, injure, capture, kill or destroy any fox 
squirrel, black squirrel or gray squirrel, except 
on and from October 1st in each year to the 
following March 1st when they may be killed; 
or who shall pursue, injure, capture or destroy 
any squirrel at any time in any public or pri- 
vate park, shall be guilty of a misdemeanor, 
and on conviction, shall be punished by a fine 
of not less than five nor more than twenty-five 
dollars, provided that any person may protect 
his premises from the ravages and depredations 
of these animals at any time and in any way. 

6965. NUMBER OF BIRDS OR ANIMALS 
AUTHORIZED TO BE KILLED IN ONE DAY. 
— Any person who takes or kills more than one 
deer, two turkey gobblers, or twenty-five game 
birds of any other species in one day, or who 
has such birds or game in possession for more 
than five days, after the close of the season for 
killing the same, shall be guilty of a misde- 
meanor, and, upon conviction, shall be punish- 
ed by a fine of not less than five nor more than 
twenty-five dollars for each offense. 

«'.90<;. SELLING GAME PROHIBITED.— 
Any person, firm, or corporation who, at any 
time of the year, shall barter, sell, or offer for 
sale, any of the game birds or animals protect- 
ed by this code, either under the name used in 
this Code, or under any other name or guise 
whatsoever, whether lawfully or unlawfully 
taken, shall be guilty of a misdemeanor, and, 
on conviction, shall be fined not less than five 
nor more than twenty-five dollars for each of- 
fense. 



18 



6967. HUNTING WITHOUT LICENSE PRO- 
HIBITED. — Any person who hunts outside of 
the limits of the voting precinct, ward, or beat 
in which he actually resides without first ob- 
taining a license permitting him or her to do 
so ; or who hunts outside of the county in 
which he actually resides without obtaining a 
State license permitting him or her to do so ; or 
any non-resident of this State who hunts in this 
State without a non-resident's license; or who 
lends or transfers his hunting license to anoth- 
er, shall be guilty of a misdemeanor, and, upon 
conviction, shall be punished by a fine of not 
less than ten nor more than twenty-five dollars; 
hut any person may hunt upon his own lands 
in season without obtaining a hunting license. 

6968. FALSE STATEMENT AS TO PRO- 
CURING LICENSE.— Any person who shall 
make to any officer authorized to issue a hunt- 
ing license a false statement, or change or alter 
his or her license in any manner, shall be pun- 
ished by a fine of not less than ten nor more 
than twenty-five dollars. 

6969. SHIPPING OR TRANSPORTING 
GAME. — Any person who takes, ships, or trans- 
ports out of, or within this State any of the 
birds or game protected by the laws of this 
State, unless the same be in personal possession 
of, or carried openly by the owner thereof, or 
person killing the same who has in his posses- 
sion a non-resident's license, if the game is to 
be carried out of this State, or a resident's li- 
cense, if the game is to be transported within 
the State, shall be guilty of a misdemeanor, 
and, on conviction, shall be punished by a fine 
of not less than ten nor more than fifty dollars. 

6970. COMMON CARRIER SHIPPING GAME 
— Any person, company, corporation, or com- 
mon carrier who shall ship or transport any 
birds or game without ascertaining if the per- 
son offering for shipment or transportation such 
birds or game is in possession of a hunting li- 



19 



cense duly issued to him and covering the pe- 
riod when such shipment is offered, and with- 
out requiring such person to accompany the 
shipment, shall be guilty of a misdemeanor, and, 
upon conviction thereof, shall be punished by a 
fine of not less than fifty nor more than one 
hundred dollars. 

6971. HUNTING ON LANDS OF ANOTHER 
WITHOUT WRITTEN PERMISSION, PEN- 
ALTY FOR. — Any person who hunts on the 
lands of another without first having obtained 
from the owner or agent thereof a written per- 
mission to do so, shall be guilty of a misde- 
meanor, and, on conviction, shall be fined not 
less than ten nor more than twenty-five dollars. 

6972. CORPORATION, SERVICE OF WAR- 
RANT OF ARREST UPON.— In cases of viola- 
tion of the game laws of Alabama by a corpo- 
ration, the warrant of arrest may be read to 
the president, secretary or manager in this 
State or to any general or local agent thereof in 
any county where the action or indictment is 
pending, and upon the return of such warrant 
so served, the corporation shall be deemed in 
court and subject to the jurisdiction thereof, 
and any fine imposed may be collected by exe- 
cution against the property of said corporation, 
but this section shall not be considered to ex- 
empt an agent or employee from prosecution. 

6973. OFFICER FAILING TO PERFORM 
DUTY. — Any official, officer, or warden who 
shall fail to perforin any act, duty, or obliga- 
tion enjoined upon him by the provisions of the 
game laws of this State, shall be guilty of a 
misdemeanor, and, on conviction, shall be pun- 
ished by a fine of not less than fifty nor more 
than one hundred dollars. 

6974. REPORT OF PROSECUTIONS TO 
STATE COMMISSIONER.— Every court or 
clerk of any court before whom any prosecu- 
tion under this chapter is commenced or shall 



20 



go on appeal, and within twenty days after trial 
of dismissal thereof, shall report in writing the 
result thereof and the amount of fine col- 
li M-tod, if any, and the disposition thereof to the 
State Game and Fish Commissioner. 

6975; PLEADING AND PRACTICE, RULES 
OF UNDER THIS CHAPTER.— Two or more 
offenses may be charged in the same affidavit, 
complaint, or indictment, and proof as to a 
part of a game bird or animal shall be suffi- 
cient to sustain a charge to the whole of it; 
and the violation as to the number of animals 
or birds of the same kind may be charged in 
the same count and punished as a separate of- 
fense as to each animal, bird, or game. 

6976. COSTS OF PROSECUTION, HOW 
TAXED. — When an arrest for a violation oi 
the game law is made by the State Game and 
Fish Commissioner or by any warden, and the 
defendant is convicted, there shall be taxed as 
costs in favor of such warden making the ar- 
rest the same fee as a constable is entitled to 
in misdemeanor cases, and if collected from the 
defendant, shall be paid over to such warden 
and shall be his personal perquisite. No fee 
shall be allowed in cases of acquittal. 

6977. FINES, PENALTIES. AND FORFEI- 
TURES, DISPOSITION OF.— All moneys col- 
lected from fines, penalties, or forfeitures under 
this chapter shall belong to the game and fish 
protection fund, with the exception of that part 
which, under this chapter, belongs to the war- 
dens, and shall be paid over by the officer au- 
thorized to collect said money to the State treas- 
urer on or before the first day of each month, 
and shall be credited by him to the game and 
fish protection fund. The State treasurer shall 
report on the first day of each month to the 
State Game and Fish Comissioner the exact 
amount of money to the credit of the game and 
fish protection fund. 



21 



6978. FINES TO BE PAID IN CURRENCY. 
— All fines imposed under the provisions of this 
chapter shall be paid in lawful money, that is 
to say, in currency of the United States of 
America. 

6979. JUDGES' SPECIAL CHARGES AS 
TO GAME LAWS.— The circuit judges and the 
judges of concurrent jurisdiction shall give the 
grand juries when organized the provisions of 
the game and fish laws strictly in charge and 
shall urge strict inquiry into infractions there- 
of. 

6980. TERMS DEFINED.— As used in the 
game laws of this State, unless otherwise spe- 
cially restricted or enlarged, the words, "here- 
in" and "hereof" refer to the whole of the game 
laws of this Code, and the words, "person" 
"owner," "proprietor," "grantee," "lessee," or 
"licensee" include a firm, association, corpora- 
tion, or municipality, and the word "warden" 
means State Game and Fish Commissioner, 
county game warden, and deputy game warden, 
provided for in the game laws. The word "of- 
ficers" includes every person authorized to en- 
force the provisions of the game laws, and 
whenever the possession, use, importation, trans- 
portation, storage, sale, offering, or exposing for 
sale of game birds is prohibited or restricted, 
the prohibition or restrictions shall extend to 
and include every part of such game, and a vio- 
lation as to each animal or bird or part thereof 
shall be a separate offense. 

6981. EXTENT AND CONSTRUCTION OF 
GAME LAWS.— The provisions of the game 
laws shall not apply to persons hunting any of 
the birds or animals of this State which are 
not protected by the provisions of such laws. 

6982. LOCAL OR SPECIAL LAWS RE- 
PEALED. — All laws and parts of laws, general, 
special, or local, in conflict with the provisions 
of this Code as to the game and fish laws, are 
repealed. 



22 



CHAPTEE 219 

CRIMINAL CODE 1907 P- 543 



Section. 

6898. Obstruction and preventing fish from 
running up rivers or creeks. 

6899. Poisoning streams, or using explosive 
substance, to catch fish. 

6900. Ownership and title of fish in the 

STATE. 

6901. Seines, nets, traps, or other devices 
for catching fish prohibited. 

6902. Exceptions to preceding sections. 

6903. Fines and forfeitures, converted into 
game and fish protection fund. 

6904. Fishing, taking or killing fish in 
pools, lakes, or other bodies of water 
wholly upon lands of another; pen- 
ALTY FOR. 

6905. Fines, forfeitures, and penalties, dis- 
tribution OF. 

6898. OBSTRUCTION AND PREVENTING 
FISH FROM RUNNING UP RIVERS OR 
CREEKS. — Any person who, by means of dams, 
traps, or other obstructions, prevents the pas- 
sage of fish up the waters of any river or creek 
in this State, must, on conviction, be fined not 
more than one hundred dollars. 

6899. POISONING STREAM, OR USING 
EXPLOSIVE SUBSTANCE TO CATCH FISH. 
— Any person who takes, catches, kills, or at- 
tempts to take, catch, or kill fish in any waters 
of the State, by poisoning the stream or body 
of water in which they are found, by the use 
of any poisonous substance put in the water, or 



23 



by the use of fish berries, lime, giant powder, 
dynamite, gunpowder, or any other explosive 
substance, must, on conviction, be fined not less 
than ten nor more than one hundred dollars, to 
be paid into the State treasury to the credit of 
the game and fish protection fund. 

6900. OWNERSHIP AND TITLE OF FISH 
IN THE STATE.— The ownership and title to 
all fish in the State of Alabama not held by 
private ownership legally acquired is in the 
State of Alabama for the purpose of regulating 
and controlling the use and disposition of them 
after catching, taking, or killing, as provided 
for in this Code. 

6901. SEINE, NETS, TRAPS, OR OTHER 
DEVICES FOR CATCHING FISH PROHIB- 
ITED. — Any person who shall take, catch, or 
kill any fish in any of the waters of this State 
by means of any seine, trammel-net, gillnet, 
fish-trap, or any other device or trap, or by any 
means other than by ordinary hook and line, 
gig, spear, or trotline, except as provided in the 
next succeeding section, shall be guilty of mis- 
demeanor, and, on conviction, shall be fined not 
less than fifty nor more than two hundred dol- 
lars. 

6902. EXCEPTIONS TO PRECEDING SEC- 
TION. — The preceding section shall not apply to 
ponds and reservoirs wholly on the premises 
of any person using such device ; nor to the 
salt waters of the State ; nor to any waters in 
the State in which the tide ebbs and flows; 
nor to small seines not more than twelve feet 
in length and four feet in width, known as min- 
now seine for catching minnows to be used for 
bait only. 

6903. FINES AND FORFEITURES CON- 
VERTED INTO GAME AND FISH PROTEC- 
TION FUND. — All money arising under the pro- 
visions of the three preceding sections from 
fines, forfeitures, etc., shall be forwarded to the 



24 



Slate treasurer on the first day of each month 
and covered into the game and fish protection 
fund. 

6904. FISHING. TAKING OR KILLING 
FISH IN POOLS. LAKES. OR OTHER BOD- 
IES OF WATER WHOLLY UPON LANDS OF 
ANOTHER; PENALTY FOR.— Any one who 
shall take, catch, or kill, or in any way aid in 
the taking, catching, or killing of any fish in 
any pond, pool. lake, or other reservoir, or body 
of water wholly on the premises of another per- 
son, or go or be upon or trespass on the lands 
adjacent to such pond, pool, lake, or body of 
water for the purpose of catching or taking fish 
therefrom in any manner, or by any means 
whatever, without a written permit from the 
owner of such premises, or body of water (such 
permit when given to remain in force and effect- 
ive for twenty-four hours, and no longer, unless 
otherwise specified in the permit itself, in which 
event the time, and also the terms of such 
permit to govern absolutely, unless revoked in 
writing by the party issuing the same and serv- 
ed in person on the party or parties so affected) 
shall be guilty of a misdemeanor, and, on con- 
viction, may be fined not more than fifty dollars, 
but if the conviction be for selling, shooting or 
dynamiting for fish, the fine shall not be for less 
than twenty-five dollars, to be paid in lawful 
money of the United States, and the defendant 
may also be sentenced to hard labor for the 
comity for not more than ninety days, at the 
discretion of the court. 

6905. FINES, AND PENALTIES. DISTRI- 
BUTION OF. — Each county game and fish war- 
den shall receive one-half of all fines, forfei- 
tures, and penalties collected in his county 
under this chapter. Such moneys shall be so 
paid by the courts collecting the same, and the 
remainder shall be forwarded to the State treas- 
urer and covered into the game and fish pro- 
tection fund. 



25 



NEW FISH LAWS. 

No changes were made in the Game Law, but 
two bills were passed at the Special Session of 
the Legislature (1909), relating to the protec- 
tion of fish. 

No. 117.) AN ACT (S. 40. 

For the further protection of fish. To make it 
unlawful to use nets, seines, or other de- 
vices, or substitutes for the same in 
streams or bodies of water emptying into 
the tide waters of this State for the pur- 
pose of catching or taking bass, fresh water 
trout or bream between April 1st and July 
1st of each year. To legalize the use of 
hoop-nets and fish traps in certain waters 
of this State. - 

Section 1. Be it enacted by the Legislature 
of Alabama, That it shall be unlawful for any 
person to use any net or seine or other device 
or substitute for the same for the purpose of 
catching or attempting to take or catch, in any 
of the tide waters of this State any bass, fresh 
water trout or bream, between April 1st and 
July 1st of each year. Any person violating 
the provisions of this section shall be guilty of 
a misdemeanor and upon conviction shall be 
fined not less than $25 nor more than $50 for 
each offense. 

Section 2. That it is hereby made lawful 
for any person or persons to use hoop-nets in 
which bait is used to attract fish, and fish traps 
with fingers or slats, not less than two and one 
half inches apart, without any other device un- 
der, around and above the fingers, for the pur- 
pose of taking or catching fish in the streams of 
this State; provided, that said fish-trap, and 
w T ings of said trap, so used shall not occupy 



26 






more than one-half the width of the stream in 
which it is operated or located, when the said 
stream is at low water mark, provided that no 
hoop-net or trap shall be set or located within 
one-half mile below any dam or lock. Any per- 
son operating a fish-trap, except as prescribed 
in this section, or who takes or catches any 
bass, fresh water trout or bream in any hoop- 
net or upon any fish trap unless the same be 
immediately restored to the waters from whence 
taken, shall be guilty of a misdemeanor and 
upon conviction shall be fined not less than $10 
nor more than $25 for each offense. 

Section 3. That it shall be lawful for any 
person to use seines or other devices for the 
purpose of taking or catching fish in pools form- 
ed by streams that have ceased to run. 

Section 4. That all fines and forfeitures 
arising under the provisions of this act shall 
be disbursed as provided by section 6905 of the 
Code of Alabama, 1907. 



No. 192.) AN ACT (H. 325. 

To provide for the further protection of fish in 
Baldwin county, to prevent the taking or 
catching of fish in any lake, river, creek 
or bayou in said county, except with hook 
and line; and to provide a penalty for the 
same; to make it unlawful for any non- 
resident engaged in the business of com- 
mercial fishing to take fish in Baldwin 
county. 

Section 1. Be it enacted by the Legislature 
of Alabama, That it shall be unlawful for any 
person to use any net, seines or substitutes for 
the same except cast-net for the purpose of 
catching or attempting to catch or take fish 
in any of the rivers, lakes, creeks or bayous of 



27 

Baldwin county emptying into salt or tide 
waters. That fish can only be taken in waters 
emptying into salt or tide water in said county, 
by means of ordinary hook and line, trot-line, 
spear, cast-net, or gig, provided that it shall be 
lawful for any person or persons to use hoop- 
nets in which bait is used to attract fish in 
the navigable rivers of said county, upon which 
passenger and freight steam packets regularly 
ply ; and provided further that it shall be law- 
ful to take fish from pools or running streams 
of said county during those periods of the 
year when such streams cease to run. Any 
person violating the provisions of this section 
shall be guilty of a misdemeanor and upon con- 
viction shall be punished by a fine of not less 
than twenty-five dollars nor more than fifty 
dollars for each offense. 

Section 2. That it shall be unlawful for any 
person to use in the salt or tide waters of said 
county any seines or net having a mesh of less 
than two inches when stretched ; provided that 
this shall not apply to persons using cast nets 
or nets used for the purpose of catching or tak- 
ing shrimp or crabs. Any person who violates 
the provisions of this section shall be guilty of a 
misdemeanor and upon conviction thereof shall 
be punished by a fine of not less than twenty- 
five dollars nor more than one hundred dollars 
for each offense. 

Section 3. That the provisions of this act 
shall not apply to that territory lying and being 
in Baldwin county, which lies south of the nor- 
thern boundary line of township 8 south, and 
west of the western boundary line of range 5 
east, nor to Weeks bay, and provided further 
that that portion of streams emptying into 
Weeks bay, one mile from the mouth thereof, 
is exempted from the provisions of this act, in 
said county; provided further that nothing in 
this act shall be construed to prevent the tak- 
ing of sturgeon, by any means now commonly 



28 



employed in the salt or tide waters of said 
county. 

Section 4. That it shall be unlawful for any 
persons, engaged in the business of commercial 
fishing or of catching fish for commercial pur- 
poses, who have not been bona fide residents of 
this State for one year past to catch or take 
fish or attemp to catch or take fish in any of 
the waters of Baldwin county. Any person vio- 
lating the provisions of this section shall be 
guilty of a misdemeanor and upon conviction 
thereof shall be punished by a fine of not less 
than one hundred dollars nor more than five 
hundred dollars for each offense. Provided, 
however, that the provisions of this section shall 
not apply to actual bona fide residents living on 
the east side of Perdido bay in the State of 
Florida. 

Section 5. That all fines, forfeitures, penal- 
ties, etc., arising under the provisions of this act 
shall be paid into the Game and Fish Protection 
Fund as now provided by law and all persons 
convicted under the provisions of this act must 
pay the fine imposed in cash, that is to say in 
the currency of the United States of America. 

Section 6. That this act shall become effect- 
ive on and after its passage and approved by 
the governor. 

Approved August 31, 1909. 



29 



AMENDMENTS TO THE GAME AND FISH 
LAWS PASSED BY THE LEGISLA- 
TURE OF 1911. 



No. 318.) AN ACT (H. 697. 

To provide for the further protection of fish and 
and to prevent the taking or catching of 
fish except with hook and line or with 
spear, cast net or gig in any lake, river, 
creek, stream, lagoon or bayon in Baldwin 
comity, Alabama, except that portion of 
said county which lies south of the north- 
ern boundary line of township 8 ; south and 
west of the western boundary line of range 
4 east, and Weeks Bay and that portion 
of streams emptying into Weeks Bay one 
mile from the mouth thereof, and except 
Bon Secour Bay and the streams emptying 
into Bon Secour Bay two miles from the 
mouth thereof, and except Bon Secour riv- 
er below Childress' store ; and to provide 
penalties for the violation of this act. 

Section 1. Be it enacted by the Legislature of 
Alabama. That it shall be unlawful for any 
person to use any net, seine or substitute for 
the same, except cast net, for the purpose of 
catching or attempting to catch or take fish in 
any of the rivers, lakes, creeks, streams, la- 
goons or bayous of Baldwin county, Alabama, 
emptying into salt or tide waters; that fish 
can only be taken in waters emptying into 
salt or tide waters in said county by means of 
ordinary hook and line, trot-line, spear, cast 
net or gig ; provided, that it shall be lawful for 
any person to use hoop nets in which bait is 
used to attract fish in the navigable rivers of 



30 






said county upon which passenger or freight 
steam packets or boats regularly ply ; and pro- 
vided, further that it shall be lawful to take 
fish from pools or running streams during those 
periods of the year when such streams cease to 
run. Any person violating the provisions of 
this section shall be guilty of a misdemeanor, 
and upon conviction, shall be punished by fine 
of not less than twenty-five dollars nor more 
than one hundred dollars for each offense. 

Sec. 2. That it shall be unlawful for any 
person to use in the salt or tide waters of said 
county any seine or net having a mesh of less 
than two inches when stretched ; provided, that 
this shall not apply to persons using cast nets 
or what are ordinarily termed shrimp nets or 
crab nets. Any person violating the provisions 
of this section shall be guilty of a misdemeanor 
and, upon conviction, thereof, shall be punished 
by a fine of not less than five dollars nor more 
than one hundred dollars for each offense. 

Sec. 3. That it shall be unlawful for any 
person to stretch a seine across the mouth of 
any river, lake, creek, stream, lagoon or bayou 
emptying into salt or tide waters of Baldwin 
county. Any person who violates the provisions 
of this section shall be guilty of a misdemeanor 
and, upon conviction thereof, shall be punished 
by a fine of not less than twenty-five dollars 
nor more than one hundred dollars for each 
offense. 

Sec. 4. That the provisions of this act shall 
not apply to that territory lying and being in 
said county which lies south of the northern 
boundary line of township 8, south, and west 
of the western boundary line of range 4 east, 
nor to Weeks Bay, and provided further, that 
that portion of streams emptying into Weeks 
Bay one mile from the mouth thereof, is ex- 
empted from the provisions of this act; and 
provided further, that the provisions of this 



31 

act shall not apply to Bon Secour Bay and the 
streams emptying into Bon Secour Bay two 
miles from the mouth thereof, nor to Bon Se- 
cour River below Childress' store. 

Sec. 5. That all fines and penalties collected 
under the provisions of this act shall be paid 
as follows: In cases where the prosecution is 
commenced by affidavit and warrant, one-half 
of such fines and penalties shall be paid to the 
person making the affidavit upon which the war- 
rant of arrest is issued ; or in cases of prosecu- 
tion by indictment where the prosecution did 
not begin by affidavit and warrant one-naif of 
such fines and penalties shall be paid to the 
prosecutor ; and the other one-half of such fines 
and penalties to be paid to the county game 
and fish warden of Baldwin county ; but in the 
event the prosecution is commenced upon affi- 
davit made by such county game and fish 
warden, and in cases where such county game 
and fish warden is also the prosecutor before 
the grand jury, then all such fines and penalties 
shall be paid to such county game and fish 
warden. 

Sec. 6. That all laws and parts of laws, 
whether general, local, or special, in conflict 
with the provisions of this act be, and the 
same are hereby repealed. 

Sec. 7. That this act shall become effective 
on and after its passage and approval by the 
governor. 

Approved April 13th, 1911. 



32 



No. 262.) AN ACT (H. 429. 

To prevent the catching of fish from Alabama 
waters for commercial purposes by non- 
residents of Alabama. 

Section 1. Be it enacted by the Legislature 
of Alabama, That it shall be unlawful for any 
person, firm or corporation, engaged in the bus- 
iness of fishing, or of catching fish for com- 
mercial purposes, who has not been a bona fide 
resident or citizen of this State for one year 
past, to catch or take fish, or attempt to catch 
or take fish in any of the waters of Alabama, 
excej it with hook and line or cast net. Any 
person violating the provisions of this act shall 
be guilty of a misdemeanor, and, on conviction 
thereof shall be punished by a fine of not less 
than one hundred dollars nor more than five 
hundred dollars for each offense. 

Sec. 2. That one-half of all fines and penal- 
ties arising under the provisions of this act 
shall be paid to the informant or party making 
an affidavit as to the commission of any offense 
under this act, and one-half shall go to the 
county game and fish warden of the county in 
which the offense was committed. 

Sec. 3. That all laws and parts of laws in 
conflict with the provisions of this act be, and 
the same are hereby repealed. 

Sec. 4. That this act shall become effective 
on and after its passage and approval by the 
governor. 

Approved April 6, 1911. 



LIBRARY OF CONGRESS 



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